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Minnesota ESEA Flexibility Accountability Addendum U.S. Department of Education Washington, DC 20202

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Minnesota

ESEA Flexibility

Accountability Addendum

U.S. Department of Education

Washington, DC 20202

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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In order to move forward with State and local reforms designed to improve academic achievement and increase the quality of instruction for all students in a manner that was not originally contemplated by the No Child Left Behind Act of 2001 (NCLB), a State educational agency (SEA) may request flexibility, on its own behalf and on behalf of its local educational agencies (LEAs), through waivers of certain provisions of the Elementary and Secondary Education Act of 1965 (ESEA) and their associated regulatory, administrative, and reporting requirements (ESEA flexibility). However, an SEA that receives ESEA flexibility must comply with all statutory and regulatory provisions that are not waived. For example, an SEA must calculate a four-year adjusted cohort graduation rate, as set forth in 34 C.F.R. § 200.19(b), and disaggregate that rate for reporting. Similarly, an SEA must use an “n-size” that ensures, to the maximum extent practicable, that all student subgroups are included in accountability determinations, in accordance with 34 C.F.R. § 200.7(a)(2)(i)(B). Furthermore, an SEA may continue to use technical measures, such as confidence intervals, to the extent they are relevant to the SEA’s ESEA flexibility request. This accountability addendum replaces a State’s accountability workbook under NCLB and, together, an SEA’s approved ESEA flexibility request and this accountability addendum contain the elements of the State’s system of differentiated recognition, accountability and support.

Contents Annual Measurable Objectives (AMOs) .................................................................................................................................................................................................................................. 2

Annual Measurable Achievement Objective 3 (AMAO 3) under Title III ........................................................................................................................................................................ 2

Subgroup Accountability ............................................................................................................................................................................................................................................................ 3

State Accountability System Includes All Schools and Districts .......................................................................................................................................................................................... 4

State Accountability System Includes All Students ................................................................................................................................................................................................................ 9

Assessments ................................................................................................................................................................................................................................................................................ 15

Statistical Reliability ................................................................................................................................................................................................................................................................... 16

Other Academic Indicators ...................................................................................................................................................................................................................................................... 18

Graduation Rate ......................................................................................................................................................................................................................................................................... 18

Participation Rate ....................................................................................................................................................................................................................................................................... 20

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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Instructions to the SEA: Please provide the requested information in the “State Response” column in the table below. Please provide the information in sufficient detail to fully explain your response. Also, please indicate whether the information provided is the same as that in your State accountability workbook under NCLB or reflects a change. Note that these instructions, the “change” column, and the “ED Comments” column of the table will be removed in the version of this document that is posted on ED’s website.

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Annual Measurable Objectives (AMOs)

Please attach the State’s AMOs for reading/language arts and mathematics for the all students group and each individual subgroup. If the State has different AMOs for each school or LEA, attach the State-level AMOs and provide a link to a page on the SEA’s web site where the LEA and school level AMOs are available.

A copy of Minnesota’s AMOs can be found in Attachment 19 to its approved ESEA Flexibility Request (Pages 693-696). These targets are the same for all schools.

Annual Measurable Achievement Objective 3 (AMAO 3) under Title III

Please affirm that the State determines whether an LEA that receives funds under Title III of the ESEA meets AMAO 3 (ESEA section 3122(a)(3)(A)(iii)) based on either of the following:

Whether the subgroup of English Learners has made adequate yearly progress (AYP) under ESEA section 1111(b)(2)(B); or

Districts that receive Title III funds are evaluated on attainment of AMAO 3 based on whether the English Learners subgroup has made adequate yearly progress (AYP).

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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If the State has received a waiver of making AYP determinations, whether the subgroup of English Learners has met or exceeded each of the following: o Its AMOs in reading/language

arts and mathematics. o 95 percent participation on the

State’s assessments in reading/language arts and mathematics.

o The State’s goal or annual targets for graduation rate if the LEA includes one or more high schools.

Subgroup Accountability

What subgroups, including any combined subgroups, as applicable, does the State use for accountability purposes, including measuring performance against AMOs, identifying priority, focus, and reward schools, and differentiating among other Title I schools? If using one or more combined subgroups, the State should identify what students comprise each combined subgroup.

The state definition of AYP requires students in the following groups to meet annual state achievement objectives: English Learners (LEP), Special Ed, low-income (FRP), African American (Black), American Indian, White, Hispanic, Asian, all students combined.

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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State Accountability System Includes All Schools and Districts

What is the State’s definition of a local educational agency (LEA)?

LEAs are all organizations set up as an independent district or special district (including charters) as defined in Minnesota Statute 120A.05 (Subdivision 8, 10, 14). The following types of districts are included in this definition: 01 - Independent 03 - Special (Minneapolis #1 and South St. Paul #6) 06 - Intermediate (Hennepin Technical #287, Northeast Metropolitan #916 and Dakota County #917) 07 - Charter/Outcome-Based School 34 - Tribal Contract/Grant 35 - Private Alternative District 50 - Miscellaneous Cooperative 51 - Secondary Vocational Cooperative 52 - Special Education Cooperative 53 - Vocational and Special Education Cooperative 61 - Education District 62 - Cooperative Secondary Facilities District, Deseg School Districts 70 - State Academies for the Deaf/Blind, School for the Arts https://www.revisor.mn.gov/statutes/?id=120A.05

What is the State’s definition of a public school? Please provide definitions for elementary school, middle school, and secondary school, as applicable.

Minnesota Statute 120A.05 (Subdivision 9, 10a, 11, 13) defines public schools as any school with building, equipment, courses of study, class schedules, enrollment of pupils ordinarily in pre-kindergarten through grade 12 or any portion thereof, and staff meeting the standards established by the Commissioner of the Minnesota Department of Education. https://www.revisor.mn.gov/statutes/?id=120A.05

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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How does the State define a small school?

Small schools are those with fewer than 20 total students in tested grades.

How does the State include small schools in its accountability system?

In calculating AYP, multiple years of data are used for schools with less than 20 total students in tested grades. In calculating AYP, up to three years of data are used in multi-year averaging. By incorporating the three year averaging component in the accountability system we ensure that even schools with very small enrollment numbers are included. Small schools that have at least 20 total students through multi-year averaging are included in the accountability system in the same way as all other schools. These schools receive a Multiple Measurements Rating (MMR), are eligible for a school designation, and are subject to all requirements within the given designation as outlined in Minnesota’s Flexibility Request. Small schools that do not have at least 20 total students through multi-year averaging still receive AYP results as long as the school has at least one student enrolled on October 1 as well as during the accountability window in April. Districts with small schools that do not make AYP are informed of their status, and districts are required to support and monitor the school in the development and implementation of a school improvement plan. In calculating the Multiple Measurements Rating (MMR) for the purposes of identifying schools as Priority, Focus or

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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Reward, schools with less than 20 students in the tested grades in at least one of the measuring years do not receive an MMR and are not designated in any of the three categories of schools.

How does the State define a new school?

A new school is a public school that either has no historical connection to an existing school, or that is substantially different in enrollment and staffing than an existing school from which it split or merged.

New school status is also given to schools in extreme circumstances if they make substantial changes to the school’s structure or governance. For example, if the school has 51% new students and/or 51% new teachers then this would be valid grounds for granting a new school status. Regardless of the changes made in student population and staffing, if a school has a designation of Priority or Focus then the school is not eligible for a new school status while in the identified stage. The Commissioner of Education alone has the authority to grant new school statuses.

Minnesota uses the Rules for Assigning a New School Number decision grid at the following link to make these determinations:

http://education.state.mn.us/mdeprod/idcplg?IdcService=GET_FILE&dDocName=005575&RevisionSelectionMethod=latestReleased&Rendition=primary

How does the State include new Minnesota has established a process by which to determine

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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schools, schools that split or merge grades (e.g., because of overpopulation or court rulings), and schools that otherwise change configuration in its accountability system?

whether a new school is truly new or whether it should maintain the accountability history of an existing school. All schools in Minnesota are assigned an “ORGUNIT” number for funding purposes. For accountability purposes, schools are also assigned a state ID number. When a school opens a new site or merges sites, they must submit a site verification form to get a new ORGUNIT number. These forms are reviewed to determine whether the school should also receive a new state ID or keep an existing state ID. In making this determination, the Minnesota Department of Education considers whether the school is identified as Priority or Focus, whether the grade ranges have changed, the percentage of students at the new site coming from old sites, and the percentage of new teachers at the school. If the school has 51% new students and/or 51% new teachers then this would be valid grounds for granting a new school status. Regardless of the changes made in student population and staffing, if a school has a designation of Priority or Focus then the school is not eligible for a new school status while in the identified stage. Each site is dealt with on a case-by-case basis using the Rules for Assigning a New School Number decision grid as well as the criteria identified above, with the burden of proof being on districts to show that the school is in fact a new site.

*Note that the state ID is referred to as an NCLB ID in Minnesota.

How does the State include schools that have no grades assessed (e.g., K-

Schools with no testing grades are, to the extent practicable, paired with the school to which their students move upon the

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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2 schools) in its accountability system?

completion of their grade range. These “feeder schools”, including Title I schools, are assigned the AYP status of the school with which they are paired and are to coordinate improvement efforts with the “destination school”. Feeder schools are not eligible to receive an MMR or be designated as a Priority, Focus or Reward School. Priority and Focus Schools that are paired with a feeder school for AYP purposes must work with their LEA to design, align and implement interventions for improvement in the feeder school.

How does the State include alternative schools in its accountability system? Consistent with State law, alternative schools include, but are not limited to:

State schools for deaf and blind,

Juvenile institutions,

Alternative high schools, and

Alternative schools for special education students.

If the State includes categories of alternative schools in its accountability system in different ways, please provide a separate explanation for each category of school.

All Minnesota public schools are included in the state’s accountability system. This includes:

State schools for deaf and blind

Juvenile institutions,

Alternative high schools

Alternative schools for special education students

All of these types of schools are measured for AYP and MMR. Alternative schools receive a graduation rate, and students attending alternative schools are either counted in the alternative school graduation rate or the sending high school’s graduation rate. Minnesota’s MARSS system ensures that individual students are carefully tracked, and student graduation data is always attributed to the last school of enrollment on record.

As is the case with all Minnesota schools, a student’s

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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assessment result is attributed to the alternative school if the student was enrolled on both October 1 as well as during the accountability window in mid-April. Alternative schools receive an AYP determination as well as an MMR.

Additionally, in identifying Priority and Focus Schools, public school programs providing treatment for students who are mentally ill or chemically-dependent are not considered. These schools have publicly reported AYP and MMR results but are not designated as Priority or Focus Schools.

How does the State include charter schools, including charter schools that are part of an LEA and charter schools that are their own LEA, in its accountability system?

Charter schools are included in exactly the same manner as district-affiliated schools. Single-site charters (those that are not part of a larger group of charter schools) are considered both schools and LEAs for the purposes of accountability. Multi-site charters are treated the same as multi-site districts, with multiple schools measured separately for accountability.

State Accountability System Includes All Students

What are the State’s policies and procedures to ensure that all students are included in its assessment and accountability systems?

All students enrolled during the first two weeks of the testing window must participate in the testing and count toward the ninety-five percent participation requirements. Test participants with matched enrollment records contribute positively toward the test participation rate.

Students are considered absent and counted against meeting the ninety-five percent tested requirement if they are unable to make up the test during the testing window or if they have been withdrawn based on parental request.

Students are identified and their enrollment and attendance is verified through the Minnesota Automated Reporting

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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System for Students (MARSS). MARSS is a state level student identification system that assigns each student a unique identification number. This number associates each student with his/her full demographic information including ethnicity, LEP status, disability status, migrant status, economically disadvantaged status, gender, age and date of birth. This student identification number is used to verify that all students enrolled are also included in the testing.

How does the State define “full academic year”?

For accountability purposes, a student is enrolled for the full academic year if they are enrolled at the same school on October 1 and during the designated two-week accountability window, which is always in mid-April. The only limited exception to this rule is if a student has a significant gap in their enrollment, defined as at least 15 consecutive school days in which the student is not in attendance.

How does the State determine which students have attended the same public school and/or LEA for a full academic year?

Using the Minnesota Automated Reporting Student System (MARSS), which tracks student enrollment on a daily basis by automatically pulling enrollment data from LEAs, the Minnesota Department of Education looks for students who were enrolled for at least one day during the accountability window and checks for October 1 enrollment. Students who are enrolled at the same school on both dates are determined to have been enrolled for the full academic year. As described above, the one exception to determining a full academic year is if a student has a significant gap in their enrollment and is not in attendance at the school for at least 15 consecutive days.

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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To which accountability indicators does the State apply the definition of full academic year?

Students must be enrolled for the full academic year in order to be counted for the proficiency (measuring performance against AMOs), growth and achievement gap reduction domains in the MMR.

What are the procedures the State uses to ensure that mobile students, including students who transfer within an LEA or between LEAs, are included at the appropriate level (school, LEA, and State) of the accountability system?

Minnesota’s MARSS system tracks student enrollment and updates daily to reflect changes in enrollment. When students transfer within an LEA over the course of the year, they are still included in the LEA’s AYP proficiency calculations. They are also included in the LEA’s graduation cohort and are transferred to the new school’s graduation cohort upon enrollment. A student must be enrolled for a full academic year in the school to be included in the school’s AYP proficiency calculation, must be enrolled for the full academic year in the district to be included in the district AYP proficiency calculation, and must be enrolled for the full academic year in the state to be included in the state AYP proficiency calculation. Students who transfer to a new LEA during the school year are included in the participation calculation of AYP at the school, district, and state level. They also join the school’s graduation cohort upon enrollment in a new school and are included in the school, district, and state level AYP graduation rate.

Does the State include in accountability determinations the proficient and advanced scores of

Yes. Minnesota uses the Minnesota Test of Academic Skills (MTAS) to assess the achievement levels of students with the more significant cognitive disabilities. Only one percent of

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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students with the most significant cognitive disabilities on assessments based on alternate academic achievement standards? If so, does the State limit the number of those scores at the LEA and State levels, separately, so that the number of proficient and advanced scores included in the determinations does not exceed 1.0 percent of all students in the grades assessed?

proficient scores counted in an LEAs accountability calculations can come from the MTAS. LEAs may apply for a waiver to the one percent cap if circumstances within the LEA are such that more than one percent of the student population has the most significant cognitive disabilities. These waiver requests are reviewed on a case-by-case basis by the Minnesota Department of Education and approved on a priority basis to ensure that the state does not exceed the one percent cap. In the case that the state does exceed the one percent cap, the decision about which proficient scores are included is based on the number of subgroups a student is a part of, with the students in the most subgroups being included first and the students in the least subgroups excluded. Minnesota has never exceeded the cap as a state.

If the State provides an alternate assessment based on modified academic achievement standards, does the State include in accountability determinations the proficient and advanced scores of students with disabilities who take that assessment? If so, does the State limit the number of those scores at the LEA and State levels, separately, so that the number of proficient and advanced scores included in the

Yes. Students with disabilities who have demonstrated an inability to meet the standard on the Minnesota Comprehensive Assessment (MCA) may take the MCA-Modified assessment. LEAs and the state have a two percent cap on the number of MCA-Modified assessments that can be included in accountability calculations as proficient. There are no waivers to the two percent cap. Minnesota has never exceeded the cap.

STATE: Minnesota Accountability Addendum to ESEA Flexibility Request DATE

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determinations does not exceed 2.0 percent of all students in the grades assessed?

What is the State process if an LEA or the State exceeds either the 1.0 or 2.0 percent proficiency cap?

If an LEA exceeds the caps (or the alternative caps set through the waiver process in the case of the MTAS), the Minnesota Department of Education excludes proficient scores on the assessment for which the cap has been exceeded from the school’s accountability calculations. The decision about which proficient scores are included is based on the number of subgroups a student is a part of, with students in the most subgroups being included first, and the students in the least subgroups excluded.

What are the State’s policies and procedures to ensure that students with disabilities and English Learners are provided appropriate accommodations? In addition, please provide a link to a page on the SEA’s web site where the State’s accommodations manuals or test administration manuals may be found.

Students who have an IEP or 504 plan or are identified as English Learners may receive accommodations to reduce or eliminate the effects of a student’s disability or linguistic limitations on an assessment measuring academic content. The student’s enrollment record in MARSS must be coded for special education, 504 or LEP before the student can be given an accommodation during the testing window. When an eligible student demonstrates the need for an accommodation, it must be provided as long as it does not invalidate the assessment.

The Procedures Manual for the Minnesota Assessments can be found here: http://www.mnstateassessments.org/genResources.html

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Does the State include, for up to two accountability determination cycles, the scores of former students with disabilities in making accountability determinations for the subgroup of students with disabilities? If so, how?

Yes. If a student has been marked ‘Y’ in the Special Education column within MARSS at any point over the previous two AYP cycles, that student’s score is included in the Special Education subgroup for proficiency, growth and achievement gap reduction.

Does the State count recently arrived English Learners as having participated in the State assessments for purposes of meeting the 95 percent participation requirement if they take (a) either an English language proficiency assessment or the State’s reading/language arts assessment; and (b) the State’s mathematics assessments?

Yes. Students who are marked New to Country are included in the numerator of the participation calculation even if they did not take the reading test as long as they have taken the English Language Proficiency assessment during that school year. New to County students are also included in the numerator of the participation calculation if they take the mathematics assessment.

Does the State exempt a recently arrived English Learner from one administration of the State’s reading/language arts assessment?

Yes. If a student is marked New to Country and has not taken the reading test, they are excluded if their first enrollment date is after the end of the assessment window for the English Language Proficiency assessment.

Does the State exclude from accountability determinations the scores of recently arrived English Learners on the mathematics assessment, the reading/language arts

Yes. For the reading test, English Learners who have been in the country for less than one year are not included in proficiency, growth or achievement gap reduction calculations. They are included in these calculations for the math assessment.

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assessment (if administered to these students), or both, even if these students have been enrolled in the same school or LEA for a full academic year?

Does the State include, for up to two accountability determination cycles, the scores of former English Learners in making accountability determinations for the subgroup of English Learners? If so, how?

Yes. If a student has been marked ‘Y’ in the English Learner column within MARSS at any point over the previous two AYP cycles, that student’s score is included in the English Learner subgroup for proficiency, growth and achievement gap reduction.

What are the State’s criteria for exiting students from the English Learner subgroup?

In accordance with Section 3122(a)(3), Minnesota’s definition of proficient in English as defined by the State’s English language proficiency standards is based on the WIDA ACCESS for ELLs® assessment. Minnesota considers any English Learner who scores at least a composite of Level 5.0 with no domain score less than 4.0 to have attained proficiency for accountability purposes and is to be exited from the English Learner subgroup. Language domains assessed on the ACCESS for ELLs are listening, speaking, reading and writing.

Assessments

Which assessments, including alternate assessments, is the SEA using for reporting achievement under ESEA section 1111(h)(1)(C)(i)

MCA-II (Grade 11 Math), MCA-III (Grades 3-8 and 10 Reading and Grades 3-8 Math and Grades 5, 8, and HS Science), MOD-II (Grade 11 Math), MOD-III (Grades 5-8 and 10 Reading and Grades 5-8 Math), MTAS (Grade 11

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(i.e., reading/language arts, mathematics, and science assessments)?

Math), MTAS-III (Grades 3-8 and 10 Reading and Grades 3-8 Math and Grades 5, 8, and HS Science)

What additional assessments, if any, does the State include in its accountability system and for what purpose is each assessment included?

New to County students are included in the participation calculation if they take the English language proficiency assessment (ACCESS for ELLs) or the reading/language arts assessment.

Statistical Reliability and Protection of Students’ Privacy

What is the State’s minimum “n-size” for determining each of the following?

Participation rate

Performance against AMOs

Graduation rate

Other (as applicable, please specify use)

Minnesota uses a minimum “n” of 20 students for proficiency and growth. For participation, graduation rates and attendance, the minimum is 40 students.

What is the State’s minimum “n-size” for protecting students’ privacy when reporting?

Minnesota does not publicly report data when the n-size is smaller than 10 students.

What confidence intervals, if any, does the State use in its accountability system to ensure the statistical reliability of school classifications, and for which calculations are these

For the proficiency calculation in AYP, Minnesota uses confidence intervals on a sliding scale from .95 to .99 depending on the total number of decisions to be made for a school or district was approved by the USDOE. There are potentially eighteen decision points per subject area and a

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confidence intervals applied?

total of thirty-seven decisions for the school and thirty-eight decisions at district this level. This proposal will help in avoiding high rates of misclassification for schools or districts with many groups. The base confidence interval of .95 was chosen because it minimizes the false negatives. Minimizing the false negatives is especially important in this conjunctive model that includes as many as eighteen decision points per subject in the annual AYP calculation. The misclassification rate for decisions is .5 percent. A bootstrap methodology has been used to select a z-value corresponding to the desired confidence level.

Does the State base accountability determinations on multiple years of data? If so, which years, and how, if at all, are the years weighted?

For both the proficiency and graduation rate calculations, Minnesota uses up to three years’ worth of data. For proficiency, schools that do not meet their AYP index target nor make AYP under safe harbor will have test scores averaged for up to three years. An example of how this works is as follows: XYZ School does not make AYP for school year 2011-12 XYZ School does not make AYP using safe harbor provisions Scores from the 2011-12 school year will be averaged with the scores from the 2010-11 school year to determine AYP. If the school still does not make AYP, scores from the 2009-10 school year will be added to determine AYP. Minnesota utilizes the Safe Harbor calculation wherein

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groups can make AYP by reducing non-proficiency by 10 percent or more over a one, two or three year period; however, Safe Harbor is not included in MMR and is no longer a part of the accountability system. Safe Harbor still does exist in the publication of AYP results. For graduation rates, the same methodology is utilized. If a group fails to reach its 90% graduation rate goal, up to two previous years of data are consulted to determine whether the two- or three- year average rate exceeds the target. Additionally, groups can make AYP by meeting improvement targets in their graduation rates. Improvement targets are as follows:

Three percentage points on the four-year rate

Four percentage points on the five-year rate

Five percentage points on the six-year rate

(New graduation rate goal & targets)

Other Academic Indicators

What are the other academic indicators for elementary and middle schools that the State uses for annual reporting? What are the State’s goal and/or annual targets for these indicators?

For elementary and middle schools, Minnesota uses attendance as the other academic indicator for annual reporting. The target for attendance is 90 percent.

Graduation Rate

What are the State’s graduation rate goal and annual graduation rate

Minnesota has set a graduation rate goal of 90 percent for all students and each subgroup for the four year rate as well as

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targets? Please provide a table with State-level goal and annual targets for all students and by subgroup beginning with the 2012–2013 school year. If graduation rate annual targets vary by school, provide a link to the page on the SEA’s web site where the LEA and school targets are available.

the two extended year rates (five-year and six-year). Minnesota also has set improvement targets of three percentage points on the four-year rate, four percentage points on the five-year rate, and five percentage points on the six-year rate. The attached chart shows the goal and targets for each rate.

If the State has received a timeline extension and is not using a four-year adjusted cohort graduation rate for accountability determinations, please specify what rate the State is using and when the State will begin using a four-year adjusted cohort rate.

What, if any, extended-year graduation rate(s) does the State use? How does the State use its extended-year graduation rate(s) in its accountability system?

Minnesota will use the five- and six-year graduation rates in its accountability system beginning in 2012. Both extended-year graduation rates will share the same goal as the four-year rate (90 percent) but will have higher improvement targets. The attached chart demonstrates how the extended-year graduation rates are utilized.

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Participation Rate

How does the State calculate participation rates?

Minnesota uses a two-week accountability window in April to identify all students who are enrolled and must therefore take the statewide accountability assessment. All students enrolled during the window are included in the denominator for the participation calculation. All students who take the test, including recently arrived English Language Learners with English language proficiency assessment scores, are included in the numerator.

How does the State use participation rates within its differentiated accountability system (i.e., index)?

Schools and subgroups with 40 students or more must reach the AYP participation target of 95 percent. If one subgroup fails to reach this target, the school is considered to have not made AYP.